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County adopts zone change in Church Wells

During the public input section at the Kane County Commission meeting, several people (Charlie Saba, Nan Wright Rosalyn Bell and Dalton Williams) spoke against the proposed zone change in Church Wells.

The main argument was that the property was purchased as rural residential, not agricultural, and that commercial property is available. On the other side, Brooke Weaver, Rosalyn Bell and Janice Broderick were supportive of the zone change.

Dell Timpson, who requested the change, said the property is unique because it is next to BLM and SITLA, which have grazing and that the property is not suited for residential. Timpson wants to put horses on his 23 acres for his horse business with Amangiri Resort.

When the zone change came up on the agenda, it was pointed out that this is not a spot zone change. The lots in question are very different from the rest of the sub-division.

Shannon McBride did say the vote was 3-2 in the Planning Commission. Growth happens. Situations arise where changes are needed in zoning. “If we don’t do zone changes, it would shut down the county. A conditional use permit could be used, but there would be more regulations. Commissioner Doug Heaton said, “There is no point having principles, if we don’t heed them and we change them when it is inconvenient.”

The motion for the Zone Change from Rural Residential to Agriculture passed with Commissioners Dirk Clayson and Jim Matson voting aye and Heaton nay.

In other county business, several lot joinders were approved. The commissioners did make it clear that once joined, the utility easement is automatically abandoned between the two lots, one in Zion View Estates and two in Elk Ridge Estates.

The commission approved vacating three lots in Zion View Mountain Estates, Unit E. Owners Brent and Susan Carter determined it would be easier to vacate rather than amend the plat. Parcels 87,88 & 89 were combined into a single parcel.

Also approved was a lot line adjustment in Elk Ridge Estates, with the condition release of all liens are prior to recording.

After much negotiating with property owners regarding road location and a fence, the Duck Creek Subdivision Plat containing 16 lots and 23 acres was approved, contingent on agreement of neighbors and a quit claim deed from the Mitchell’s.

The commission approved the Jump-Up Canyon Rural Unimproved Subdivision north of Glendale.

Resolution 2014-24 was adopted, which amends the Kane County Resource Management Plan, Section 1 – 4. The changes were grammar and formatting. Commissioner Matson said this is a work in progress.

Ordinance 2014-20, chapter 1 and 5 were adopted. In chapter 1, recreation camp notice requirements and state code were added. In chapter 5, uses are more clearly identified.

The commission approved with Financial Advisor Agreement a five-year contract with Zions Bank. This was passed two weeks ago, but one word (MBA) needed to be omitted.

The Larkspur Road agreement was approved. Commissioner Matson reported liability issues were worked out with Utah County Indemnity Pool and he had worked with all entities involved. The county road is used by the Amangiri Resort.

During the report section after the agenda action items, Commissioner Clayson reported on the Johnson Canyon wash. “This is not a county problem, it is a private property issue.”

Lou Pratt, GIS, had aerial maps of the wash from 2006, 2009 and 2011. Three separate problems were identified.

1) Additional silt downstream. The wash had its own mechanisms to control flow – hard rock pan, which has eroded. There is a need to study diversions and silt build-up.

Pratt has met with NRCS and they see this as a problem. But there is no funding this fiscal year. There is a small chance for funding because of salinity and drainage to the Colorado River.

2) Downstream the dike in practice should work, but it is not right in preserving the channel depth. UDOT needs to be involved because it is their bridge.

3) Vegetation treatment is needed once #1 and #2 are resolved.

Commissioner Matson suggested working with the Division of Water Rights and the BLM, saying, “The commission needs to play a direct role in getting them involved.”